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7 questions about new Florida law limiting COVID-19 vaccine mandates

December 2021 employment law letter
Authors: 
Thomas Raine, Marco Paredes, and Andrew Rodman, Stearns Weaver Miller

Florida Governor Ron DeSantis signed House Bill (HB) 1B into law on November 18, imposing new limitations on private employers’ ability to mandate COVID-19 vaccinations in the workplace. The law was effective immediately, and Florida employers must adapt. Read on to learn what you need to know.

What does new law require?

Florida’s new law requires private employers (regardless of size) adopting a COVID-19 vaccination mandate to provide full-time, part-time, or contract employees with the following exemptions to opt out of the shots:

Medical reasons. The reasons include (but aren’t limited to) current or anticipated pregnancy. The employee must present an “exemption statement” dated and signed by a physician, physician assistant, or advanced practice nurse practitioner (APRN) who has examined the individual. The statement must provide that, in the examiner’s professional opinion, vaccination isn’t in the employee’s best medical interest.

Religious reasons. Employees must present the employer with an exemption statement indicating they decline the shots because of a sincerely held religious belief.

COVID-19 immunity. Employees must present an exemption statement containing competent medical evidence that they have immunity, documented by valid lab test results. The Florida Department of Health (DOH) was tasked with adopting a standard for demonstrating competent medical evidence of immunity.

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